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(영문) 서울북부지방법원 2016.06.30 2014가합1298
손해배상
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A is the wife of Nonparty He (hereinafter “the deceased”) and Plaintiff B, C, and D are the offspring of the deceased.

Defendant E was the president of the I Medical Care and Welfare Center (hereinafter “instant facility”), which is a sanatorium for older persons, and Defendant F was the director of the nursing department of the instant facility, and Defendant G was the medical specialist of home medicine, who is the entrusted doctor.

B. On February 14, 2013, the Deceased recovered after cardiopulmonary resuscitation at the Non-Party’s Seongdong Hospital’s Sung-gu Sung-si’s Sung-si Hospital on February 15, 2013 due to cardiopulmonary eculation and heart suspension, the Deceased began to be hospitalized in the Non-Party Onnuri Hospital on March 8, 2013, under the condition of landscape transplant.

On July 2, 2013, the Plaintiffs entered into a contract with the instant facility and a long-term care institution admission (hereinafter “instant contract”) on behalf of the Deceased on behalf of the Deceased on July 2, 2013, and on the same day, the Deceased was admitted to the instant facility.

The contract prepared at the time of the instant contract contains the following:

(A) In the contract, “A” is the deceased, “B”, “A” means the instant facility, “B” means the Plaintiff, the agent or guardian of the inmate, or “A”. Article 4 / [contractor’s duties] A and B, and “B” must perform the following duties in good faith:

(2) Obligations of B

1. Cooperation in health management of A;

2. Contact Company A’s personal contact immediately with Company C;

3. Provision of meals and living counseling, advice and provision of living conveniences;

4. Maintenance and management of cleanliness of buildings and ancillary facilities;

5. Other cooperation necessary for the safe life of the aged of A [health management] Article 10 (Medical Care] (2) When it is deemed necessary for A to receive medical treatment due to any disease or injury, measures shall be taken so that A may receive medical treatment from a doctor.

(4) Eul shall verify and record the health status, etc. of Gap at the time of admission, and conduct appropriate health management for Gap.

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